Ottawa orders post-mortem appeal for Manitoba man in killing of restaurant worker

WINNIPEG — The federal government has ordered an appeal into the conviction of a First Nations man — 14 years after his death — in the killing of a restaurant worker in Winnipeg.

Federal Justice Minister Sean Fraser announced Monday that a review of the conviction of Russell Woodhouse found reasonable grounds to conclude there was likely a miscarriage of justice in his case.

Woodhouse died in 2011.

“My decision does not decide guilt or innocence, as that will rest with the courts, but it ensures new information can be considered and that Mr. Woodhouse’s family has another chance to appeal his conviction,” Fraser said in a release.

“Our responsibility is to make sure Canadians can trust their justice system, and that means, in rare cases, taking action to right historic wrongs.”

The order returns the case to the courts for the new information to be considered.

The government said it’s the first time a post-mortem conviction review has granted a remedy under the Criminal Code.

In 2023, Russell Woodhouse’s sister, Linda Anderson, applied for a conviction review with the support of advocacy group Innocence Canada.

She said she is filled with “mixed feelings” knowing that the day will finally come.

“I know it happened quite a while back, but it still feels as if it was yesterday,” Anderson said, referencing her brother’s arrest and incarceration.

She added if Woodhouse’s name is cleared, she hopes he can rest in peace.

James Lockyer, a Toronto-based lawyer and one of the founders of the advocacy group Innocence Canada, has been working with Woodhouse’s family to have his case re-examined.

He said he is pleased with Ottawa’s decision to have the case sent to appeal court.

“We always felt that Russell’s case was a priority case, even though he was deceased, because he was Indigenous (and) because he was the victim of such an awful miscarriage of justice,” Lockyer said.

“We felt it was important that we clear his name.”

A provincial spokesperson said Manitoba Justice agrees with the federal minister that ordering a new appeal was warranted.

“However, as the matter will now be before the court, the province will not be commenting further at this time,” the spokesperson said.

Woodhouse, who was from Pinaymootang First Nation in Manitoba’s Interlake region, was one of four First Nations men from the community who were found guilty of fatally beating and stabbing Ting Fong Chan in 1973. He was convicted of manslaughter.

His brother Clarence Woodhouse along with Brian Anderson and Allan Woodhouse were convicted of murder. The three were later exonerated after courts found the case involved systemic discrimination.

The convictions were based largely on statements the men made to police that were fluent in English, including what prosecutors called a signed confession by Anderson.

Lockyer and fellow lawyer Jerome Kennedy have argued that the statements to police were not legitimate. Clarence Woodhouse and Anderson were not fluent in English and spoke Salteaux as a first language.

The false confessions were the only evidence produced at the trial.

The men attempted to appeal their convictions to higher courts but were denied.

Clarence Woodhouse spent 12 years behind bars before he was released on parole. Anderson served almost 11 years and was granted full parole in 1987. Allan Woodhouse served 23 years.

Russell Woodhouse was sentenced to 10 years.

The courts apologized to the three men on behalf of the justice system in 2023 and 2024 when they were acquitted.

Lockyer said he plans to be in touch with the Manitoba Court of Appeal and is hopeful that a hearing can be held by early next year.

“This was always Russell’s dream. And, even though he’s no longer with us, it’s important to give him that dream.”

The federal government is working to set up a new wrongful conviction review body to replace the current ministerial review process, which has been criticized for taking too much time to review too few cases.

Over the past 20 years, there have been at least 200 applications arguing wrongful conviction and 30 cases have been overturned.

Experts say once it’s set up, the new Miscarriage of Justice Review Commission could see hundreds of applications.

This report by The Canadian Press was first published Sept. 29, 2025.

Brittany Hobson, The Canadian Press